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Fungai Lupande Court Reporter
It was a sad day for Harare lawyer Mr Archie Mugiya when his client accused him of failing to represent him well in court, leading to his conviction. Tatenda Madzudzo (29) was convicted of having sexual intercourse with a 13-year-old girl after part of his trial was conducted in Mugiya’s absence.
The paedophile, who had to conduct his defence case alone, failed to answer most of the questions during cross-examination by prosecutor, Mrs Idah Maromo.
“I briefed my lawyer about all those questions. He didn’t care about my case, that’s why he did not bother attending the court today,” Madzudzo said.
Mr Mugiya, who arrived after the defence case was closed, did not apologise to the court for his absence.
He was blasted by Harare magistrate Mr Tendai Mahwe for attempting to re-open the defence case.
“When a lawyer is seized with a matter, he should attend court and, failure to do so, he should apologise,” said Mr Mahwe.
“However, the defence counsel failed to apologise and wants the court to re-open the defence case. The court will proceed to pass judgment on the matter.”
In his judgment, Mr Mahwe said the State managed to prove through a medical affidavit produced in court that the girl was penetrated.
“The girl’s age is also not in dispute. It is not in dispute that the accused gave the girl money for sadza and $5 for the school trip.
“Above all, the girl’s evidence was credible and she even said the sexual act was consensual.”
Madzudzo was found guilty and was remanded in custody for his sentence.
In a related matter, a 26-year old man, Noah Tafirenyika, also allegedly raped 13-year-old girl.
It is alleged that the girl was lured by her friend to go and play at their house after Tafirenyika coaxed the friend to take the girl away from her home.
Another 23-year-old man, Clemence Mundezha, allegedly raped a five -year old after her mother had gone to fetch water.
Mundezha and Tafirenyika were remanded in custody.
Online Reporter